The Yin and Yang of Personal Injury Practice

According to T’ai Chi theory, human ability is capable of being developed beyond its commonly believed potential. We are capable of the highest level of achievement. There are no boundaries when we place no restrictions or barriers on our capabilities. “One reaches the ultimate level, or develops in that direction, by means of the ladder of balanced powers and their natural motions-Yin, the negative power (yielding), and Yang, the positive power (action).” Waysun Liao, The Essence of T’ai Chi, (Shambhala 2007) at 6. These two equal powers oppose and complement each other. This natural law is usually ignored, especially by trial lawyers who see only charging Yang and distain the yielding Yin.

But all cases cannot be tried, and some cases should not be tried. Likewise, to be a viable personal injury lawyer all cases cannot be settled and some cases should not be settled. The key is to have balance. Balance in knowing when to try a case and knowing when to settle a case.

On reflecting on the Yin and Yang, and balance within a personal injury practice, I believe as a general rule the Yang must be in the forefront when we begin a case. This is because we cannot settle a case for fair value unless the insurance company knows we can and will try the case. Thus, we never take a case we cannot try. When we begin this way a Yang aura permeates the case- the insurance company takes us seriously. The Yin aura is appropriate after we are taken seriously by the insurance company. This is when fair value will be paid. The Yin-settlement- must be appreciated: the client receives fair value; the client receives a certain result; and, the client is freed from the battle of a trial.

“The Chinese have long realized that the two T’ai Chi elemental powers must interact, and the harmonious result …[brings] progress and unlimited development.” Id. at 8. When we practice personal injury law following the two T’Chi elemental powers of Yin and Yang we concentrate on balance. Balance is to the benefit of our client and our law practice.

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